Products liability

Question 1

Can a manufacturer limit consequential damages?

Answer 1

With respect to a products liability claim, a limitation of consequential damages by a product seller or other distributor does not generally bar or reduce an otherwise valid products liability claim for personal injury. With respect to a breach of the implied warranty of merchantability, while a limitation of consequential damages is permitted, the limitation of such damages for personal injury in the case of consumer goods is prima facie unconscionable.